The federal cyberstalking statute, 18 U.S.C. § 2261A, makes it a federal crime to use electronic communications, the mail, or interstate travel to engage in a course of conduct intended to harass, intimidate, threaten, or place someone under surveillance. Penalties start at up to five years in prison and climb to life imprisonment when the victim dies. A separate provision adds five years to every tier when the victim is a child.1Office of the Law Revision Counsel. 18 USC 2261A – Stalking
What the Law Prohibits
The statute has two prongs. One covers physical travel across state lines, into Indian country, or within federal maritime and territorial jurisdiction with intent to stalk. The other, which covers most cyberstalking prosecutions, reaches anyone who uses the mail, an interactive computer service, or any facility of interstate commerce to carry out a pattern of harassment.1Office of the Law Revision Counsel. 18 USC 2261A – Stalking
“Interactive computer service” is written broadly. It covers social media platforms, messaging apps, email providers, and essentially any internet-based tool. Because digital communications routinely cross state lines through national infrastructure, even a stalker and victim in the same city can trigger federal jurisdiction. The statute does not name any specific technology, so it applies to tactics that did not exist when it was drafted, from GPS tracking to fake social media profiles, as long as the conduct meets the other elements.
What Prosecutors Must Prove
Three elements have to line up: intent, a course of conduct, and a specific impact on the victim.
Intent
The government must show the defendant acted with a specific purpose: to kill, injure, harass, or intimidate the victim, or to place the victim under surveillance with that same intent.1Office of the Law Revision Counsel. 18 USC 2261A – Stalking Accidental contact, clumsy attempts at legitimate communication, and misunderstandings do not qualify. Prosecutors typically build intent from the content and volume of the communications themselves: explicit threats, escalation over time, and messages routed through multiple accounts to evade blocking.
Course of Conduct
For the electronic-communications prong, a single act is not enough. The government must prove a “course of conduct,” which courts read as a pattern showing continuity of purpose.2United States Department of Justice. Federal Domestic Violence and Stalking Statutes One angry email is not cyberstalking. A months-long campaign of threatening messages, impersonation, and harassment of the victim’s employer is.
Fear or Substantial Emotional Distress
Intent is not enough on its own. The conduct also has to produce one of two results: reasonable fear of death or serious bodily injury, or substantial emotional distress (actual, attempted, or reasonably expected).1Office of the Law Revision Counsel. 18 USC 2261A – Stalking Both standards are evaluated objectively, asking what a reasonable person in the victim’s position would experience. Substantial emotional distress means significant mental suffering, along the lines of disrupted sleep, inability to work, or fear of leaving the house. Ordinary annoyance does not meet the bar.
Who the Law Protects
The victim does not have to be the direct target. Conduct aimed at the victim’s spouse, intimate partner, or immediate family member also counts. Federal law defines “immediate family member” to include a spouse, parent, sibling, child, someone the victim stands in the role of parent to, and any household member related by blood or marriage.3Office of the Law Revision Counsel. 18 USC 115 – Influencing, Impeding, or Retaliating Against a Federal Official
Congress also extended protection to pets, service animals, emotional support animals, and horses. Threatening to harm a victim’s dog to instill fear is the kind of controlling tactic this provision was designed to capture.1Office of the Law Revision Counsel. 18 USC 2261A – Stalking
Penalty Tiers
Penalties are set in 18 U.S.C. § 2261(b) and scale with the harm done to the victim:
- No physical injury: up to 5 years in prison.
- Serious bodily injury or use of a dangerous weapon: up to 10 years.
- Permanent disfigurement or life-threatening injury: up to 20 years.
- Death of the victim: life imprisonment or any term of years.
Every tier also carries a fine of up to $250,000, the standard federal felony maximum.4Office of the Law Revision Counsel. 18 US Code 3571 – Sentence of Fine A baseline offense also allows up to three years of supervised release after prison.5Office of the Law Revision Counsel. 18 USC 3583 – Inclusion of a Term of Supervised Release After Imprisonment
Violating a Protective Order
Stalking someone in violation of a restraining order, no-contact order, or similar protective order triggers a mandatory minimum of one year in federal prison on top of any other sentence.6Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence Judges have no discretion to go below that floor.
When the Victim Is a Child
If the victim is under 18, a separate statute adds five years to the maximum prison term at every tier. A baseline offense against an adult tops out at 5 years; against a minor, 10. An offense involving serious bodily injury or a dangerous weapon rises from 10 years to 15.7Office of the Law Revision Counsel. 18 USC 2261B – Enhanced Penalty for Stalkers of Children
A narrow carve-out applies to teenagers close in age. The enhancement does not apply when the defendant is also under 18, or when the victim is 15 to 17 and the defendant is no more than three years older.7Office of the Law Revision Counsel. 18 USC 2261B – Enhanced Penalty for Stalkers of Children
Mandatory Restitution
Restitution in stalking cases is not optional. Under 18 U.S.C. § 2264, the court must order the defendant to pay the full amount of the victim’s losses.8Office of the Law Revision Counsel. 18 USC 2264 – Restitution Covered losses typically include therapy and counseling, medical treatment, home security upgrades, relocation costs, and lost wages. The order is enforced like any other federal criminal restitution, so the government can garnish wages and seize assets long after prison ends.
Reporting Cyberstalking to Federal Authorities
The FBI’s Internet Crime Complaint Center (IC3) is the main intake point for cyber-enabled crimes. Reports are filed online, and complaints may be referred to federal, state, or local investigators.9Internet Crime Complaint Center. IC3 Home Page IC3 handles a large volume of complaints and cannot respond to every submission individually. Filing does not guarantee an investigation, but it creates a federal record.
Call 911 first if you are in immediate physical danger. IC3 is for reporting, not emergency response.
Preserving Evidence
Federal cases turn on evidence, and digital evidence is easy to lose. Start saving everything the moment harassment begins:
- Screenshots of every threatening message, post, and email, with timestamps and sender information visible.
- A written log with the date, time, and details of every incident, including any in-person encounters.
- Original copies of emails, voicemails, texts, and direct messages. Do not delete anything.
- Records of every police report filed and the officers you spoke with.
This documentation does two jobs. It helps investigators establish the course of conduct the statute requires, and it supports any state protective order petition you file in the meantime.
No Civil Lawsuit Under This Statute
Section 2261A is a criminal statute. Only federal prosecutors can bring charges under it, and the law does not create a private right of action, so you cannot sue your stalker directly under this section.10Office of the Law Revision Counsel. 18 US Code 2261A – Stalking Civil remedies come from state tort claims like intentional infliction of emotional distress, invasion of privacy, or state anti-harassment laws. A federal conviction can strengthen a later civil case, since the same facts will already be established beyond a reasonable doubt.